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US Fiance Visa: Searching for an American Attorney for a Thai Fiancee

By Ben Hart

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Published: 18Oct2010
Word count: 472
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The following article is designed to shed light on the troubling issue of fraudulent immigration law practitioners and the issue of researching law firms when making the decision to travel to, or bring a loved one to, the United States of America.

As the economy in the United States continues to recover many people find that comparing prices and services of US immigration law firms is an effective method of managing the costs associated with legal service. This author is not personally adverse to such practices because a prospective client should be comfortable with their legal representative from both a financial perspective as well as a service standpoint. However, there are some operations on the internet posing as legitimate immigration law firms which are not, in fact, legally permitted to engage in such activity. This is usually due to the fact that those involved in the operation of the firm and the handling of client matters are not licensed to practice law in an American jurisdiction, or, in some cases, have no legal training whatsoever.

The US Code of Federal Regulations is clear when it comes to the issue of who is entitled to represent clients before USCIS and the Department of Homeland Security. Only a licensed attorney in an American jurisdiction is entitled to charge fees for providing advice and counsel regarding American Immigration. Furthermore, United States Embassies and Consulates, under the authority of the US Department of State, generally will not discuss pending immigration matters with those who are not licensed to practice law in at least one American jurisdiction. If an individual cannot communicate with, or handle pending cases before, the Department of Homeland Security or the Department of State regarding a pending immigration matter then what purpose do they serve?

Those researching the United States Immigration process over the internet are well advised to check the credentials of anyone claiming expertise in US Immigration matters. An individual can prove their credentials by producing a license to practice law before an American State Supreme Court, by producing an American Bar Association membership Card, or a Membership Card for a State Bar Association. Even after such credentials are produced it may still be prudent to check with the licensing authority to make certain the individual in question is still in good standing and licensed to practice law.

Taking advice from one who is not licensed to practice law is a risky proposition as communications between clients and such an individual are unlikely to be protected by attorney-client privilege or lawyer-client confidentiality. Therefore, sensitive information could be conveyed to a less-than-reputable individual or operation without standing to provide proper representation. This could lead to real problems especially as authorities could gain access to sensitive information that individuals have passed to their intended representative who is not authorized to provide legal counsel.

Benjamin Hart is an American attorney, the Managing Director of Integrity Legal (Thailand) Co. Ltd. and the International Director of White & Hart Ltd. To Contact please call: 1-877-231-7533, +66 (0)2-266-3698, or email info@integrity-legal.com. See them online at: K1 Visa Thailand or US Visa Thailand.

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